§ 30 §6207-A — Jurisdiction of the Passamaquoddy Tribe over drinking water within the Passamaquoddy Indian territory

Notwithstanding any provision of state law to the contrary, pursuant to the federal Maine Indian Claims Settlement Act of 1980, Public Law 96-420, Section 6(e)(1), the State and the Passamaquoddy Tribe agree and establish that:
1.
Jurisdiction of Passamaquoddy Tribe to administer drinking water-related programs.
The Passamaquoddy Tribe may seek to be treated as a state pursuant to the federal Safe Drinking Water Act, 42 United States Code, Section 300j-11, and its implementing regulations, as amended, within the Passamaquoddy Indian territory and may otherwise benefit from and exercise jurisdiction under any other federal law enacted after October 10, 1980 that permits a federally recognized Indian tribe to administer drinking water-related programs; and
2.
Administration of drinking water-related programs does not affect or preempt state law.
The application of any provision of the federal Safe Drinking Water Act and its implementing regulations, as amended, and of any other federal law enacted after October 10, 1980 that permits a federally recognized Indian tribe to administer drinking water-related programs, and the enforcement of such laws and regulations by the Passamaquoddy Tribe under subsection 1 does not affect or preempt the laws of the State.
Notwithstanding any other provision of this section, the Passamaquoddy Tribe's jurisdiction does not extend beyond the Passamaquoddy Indian territory.

Legislative History

PL 2021, c. 650, §9 (NEW). PL 2021, c. 650, §13 (AFF).